The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 6, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Education
and reported with the recommendation that it be adopted), which was read by its title, as follows:

H. R. 11 - "A Resolution expressing the urgency of the House for advancing appropriations
of state aid to county boards experiencing serious financial difficulty attributable to the substantial
rise in the motor fuel costs for the transportation of students".
Whereas, The Public School Support Plan commonly referred to as the school aid formula
includes a series of computations designed to provide an equitable base level of funding from state
and county resources for the operation of county school systems; and
Whereas, The Public School Support Plan includes computations for the operational costs of providing for the transportation of students, including the costs of motor fuel, using the actual
expenditures of the counties for the latest available fiscal year; and
Whereas, Use of the actual expenditures for the latest available fiscal year to determine the
Public School Support Plan appropriation for the next school year results in a two-year lag between
determining the costs attributable to fuel purchases and the actual fuel purchases; and
Whereas, The substantial rise in the cost of motor fuel during the current fiscal is not
reflected in the computations of the Public School Support Plan and adversely affects the funding
available to county school systems to provide for the transportation of students and otherwise
provide for the operation of the school systems; therefore be itResolved by the House of Delegates:That the members hereby recognize the need and express their urgency for advancing the
appropriations of state aid to county boards experiencing serious financial difficulty attributable to
the substantial rise in the motor fuel costs for student transportation; and be it Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Senate, the Governor, and the West Virginia Board of Education.
Under the requirements of House Rule 110, the resolution was then referred to the Committee
on Rules.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 4134, Authorizing the Board of Dental Examiners to promulgate a legislative rule
relating to Fees Established by the Board,H. B. 4163, Board of Optometry,H. B. 4164, Optometry, schedule of fees,
And,H. B. 4185, Dental Examiners, dental advertising,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4134, H. B. 4163, H.
B. 4164 and H. B. 4185) were referred to the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 4129, Providing a full disclosure of the percentage of the contribution that will go to
the professional solicitor and the percentage of the contribution that will go to the charitable
organization,
And reports back a committee substitute therefor, with a new title, as follows:Com. Sub. for H. B. 4129 - "A Bill to amend and reenact §29-19-13 of the Code of West
Virginia, 1931, as amended, relating to providing that a professional solicitor may not solicit a
person over the telephone for a contribution on behalf of a charitable organization unless, upon
request, the professional solicitor provides a full disclosure to the person of the percentage of the
contribution that will go to the professional solicitor and the percentage of the contribution that will
go to the charitable organization,"
With the recommendation that the committee substitute do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 4313, Relating to petitions of appeal of domestic violence emergency protective orders,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:Com. Sub. for H. B. 4313 - "A Bill to amend and reenact §48-27-510 of the Code of West
Virginia, 1931, as amended, relating to petitions of appeal of domestic violence protective orders,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4313) will be placed on the
Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 4212, Licensed Practical Nurses, licensure,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4212) was referred to
the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law
violations,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:Com. Sub. for H. B. 4004 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17C-6-7a, relating to prohibiting the use of a traffic law
photo-monitoring device by police officers to detect traffic law violations; defining 'traffic law
photo-monitoring device'; providing that evidence obtained by the use of a traffic law
photo-monitoring device may not be used to prove a violation of a traffic law; and providing that this
section does not prohibit the use of microwave devices to prove violations of a traffic law,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4004) will be placed on the
Consent Calendar.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage ofS. B. 461 - "A Bill to amend and reenact §22-3-24 of the Code of West Virginia, 1931, as
amended, relating to underground water supply replacement; clarifying that requirements for
replacement of water supply apply to both surface and underground mining operations; and removing
archaic language"; which was referred to the Committee on the Judiciary.A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:S. C. R. 34 - "Urging the federal government enact legislation designating the 175-mile
corridor along U. S. Route 15 to include Harpers Ferry and Shepherdstown as a National Heritage
Area."
Whereas, Urban sprawl has encroached significantly on the important historical places and
monuments located along the corridor from Gettysburg, Pennsylvania, to Charlottesville, Virginia;
and
Whereas, The heritage area designation will increase the chances of preserving the region's
rural heritage, draw new tourism to the area and help market its numerous historic sites; and
Whereas, It is only fitting and proper that this corridor be preserved as a National Heritage
Area and designated as the "Hallowed Ground" of which President Lincoln reminded us in his
famous Gettysburg address; therefore, be itResolved by the Legislature of West Virginia:That the Legislature hereby urges the federal government to enact legislation designating the
175-mile corridor along U. S. Route 15 to include Harpers Ferry and Shepherdstown as a National
Heritage Area; and, be itFurther Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the President of the United States and West Virginia's congressional delegation.

Petitions

Delegates Louisos, Pino and Perry presented a petition, signed by six thousand seven hundred
eighty-six residents of Fayette and Kanawha counties, requesting that the Legislature reject any move
to transfer the Engineering Program from WVU Tech at Montgomery to the Dow Research Center
at South Charleston; which was referred to the Committee on Education.Delegate Tansill presented a petition, signed by two hundred forty-four residents of the 42nd
District, requesting the elimination of the food tax; which was referred to the Committee on Finance.
Delegate Tansill presented a petition, signed by two hundred forty-four residents of the 42nd
District, requesting control of eminent domain in West Virginia; which was referred to the
Committee on the Judiciary.
Delegate Tansill presented a petition, signed by one hundred one residents of the 42nd
District, requesting amendment to the school law in scheduling full-day and half-day cooks; which
was referred to the Committee on Education.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Beane and Butcher:
H. B. 4436 - "A Bill to amend and reenact §30-36-7 and §30-36-19 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia Acupuncture Board; requiring routine
inspections of acupuncture facilities; authorizing the board to take action against persons violating the code and board rules without first having received a written complaint; and correcting an
incorrect citation"; to the Committee on Government Organization.By Delegate Swartzmiller:
H. B. 4437 - "A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931,
as amended, relating to authorizing West Virginia Department of Agriculture emergency response
vehicles to utilize red flashing warning lights"; to the Committee on the Judiciary.By Delegates Marshall, Martin, Tucker, Hatfield, Perdue, Stephens, Yost, Caputo,

Paxton and Rick Thompson:

H. B. 4438 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to employer communications about politics,
religion or labor organizing activities; prohibiting certain employers from meeting and
communicating with employees regarding the employer's political, religious, or labor organizing
activities; and providing a civil remedy for violations"; to the Committee on Industry and Labor,
Economic Development and Small Business then the Judiciary.By Delegates Long, Frederick, Moore and Porter:
H. B. 4439 - "A Bill to amend and reenact §17-16A-11 of the Code of West Virginia, 1931,
as amended, relating to removing the requirement that the West Virginia Parkways Authority
construct a Shady Springs connector highway and interchange connecting to the West Virginia
Turnpike"; to the Committee on Government Organization then Finance.By Delegate Barker (By Request):
H. B. 4440 - "A Bill to amend and reenact §17C-17-7 of the Code of West Virginia, 1931,
as amended, relating to allowing a passenger motor vehicle or a light truck to tow two trailers on the
roadways of this state; and providing that the Commissioner of the Division of Motor Vehicles
propose legislative rules to implement the towing provisions"; to the Committee on Roads and
Transportation then the Judiciary.By Delegates Martin, Beane, Ennis, Argento, Perdue, Tucker, Blair and Rowan:
H. B. 4441 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-10b, relating to requiring bids under state contracts to
specify the location of the work to be performed; and authorization to terminate contract"; to the
Committee on Government Organization.By Delegates Spencer and Amores:
H. B. 4442 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13V-1, §11-13V-2 and §11-13V-3, relating to providing a tax
credit to landlords who rent to parolees"; to the Committee on Finance.By Delegates Walters, Talbott, Manchin, Caputo and Blair:
H. B. 4443 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and
prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not
to be at fault"; to the Committee on Banking and Insurance then the Judiciary.

H. B. 4444 - "A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931,
as amended, relating to permitting land grant university researchers performing research to plant
ginseng seed and to dig, collect or gather ginseng on state public lands; providing exceptions to the
permit requirements for growing and digging ginseng; and establishing an annual expiration date for
ginseng dealer permits"; to the Committee on Agriculture and Natural Resources then Education.

H. B. 4445 - "A Bill to amend and reenact §20-3-11 of the Code of West Virginia, 1931, as
amended, relating to permitting the Director of the Division of Forestry to recover costs incurred in
fighting fires"; to the Committee on Agriculture and Natural Resources then Finance.

H. B.4446 - "A Bill to amend and reenact §21-11-14 of the Code of West Virginia, 1931,
as amended, relating to granting the West Virginia Contractors Licensing Board the authority to
restrict a licensee's ability to work until the licensee satisfies an adverse judgment in favor of a
consumer entered by a magistrate or circuit court"; to the Committee on Government Organization.By Delegates Perry, Campbell, Beach, Duke, Tansill and Williams:
H. B. 4447 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as
amended, relating to authorizing county boards of education to lease school buses for transportation
associated with fairs, festivals and other educational and cultural events; requiring that only county
employed bus drivers operate leased buses; and requiring the lessee to pay all costs and expenses
involved in the lease to the county board of education"; to the Committee on Education then Finance.

H. B. 4448 - "A Bill to amend and reenact §17A-6A-3, §17A-6A-4, §17A-6A-8, §17A-6A-
8a, §17A-6A-10, §17A-6A-15, §17A-6A-16 and §17A-6A-17 of the Code of West Virginia, 1931,
as amended, all relating generally to automobile franchise law; relating to the relationship of
automobile dealers, distributors and manufacturers; providing clarification that material damages are
required for good cause for cancellation of dealer contract; providing factors to be considered for
dealer and public interest in cancellation of dealer contract; providing for compensation to a dealer
from a manufacturer when a brand is phased out; establishing a prohibition of a surcharge for
recovery of retail rates for warranty and recall work; clarification of prohibited coercive acts when
requiring a dealer enter into an agreement; adding requirement that manufacturers and distributors
use fair and reasonable performance standards that are statistically sound and verifiable; requiring
incentive programs be offered to all dealers within a geographical area; prohibiting manufacturers
and distributors from requiring facility upgrades as a condition of offering certain vehicle models;
limiting fees and penalties for exported or resold vehicles to situations where the dealer has intent to immediately export or resell; requiring manufacturer or distributor responsibility for all damage
to vehicles prior to dealer taking possession; providing for continuation of business during pending
litigation; and, providing for payment of expenses for accounting and nonlegal advisors by the
manufacturer or distributor prior to the exercise of a first right of refusal"; to the Committee on the
Judiciary.By Delegate Houston:
H. B. 4449 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to providing that health care providers, health
care institutions or health care payers are not required to participate in abortion procedures that
violate their respective consciences; providing immunity for health care providers, institutions and
payers for refusing to participate in abortion procedures; prohibiting discrimination against health
care providers, institutions and payers that refuse to participate in abortion procedures; prohibiting
the denial of assistance payments due to a refusal to participate in abortion procedures; and providing
civil penalties for violations of said section"; to the Committee on Health and Human Resources then
the Judiciary.By Delegate Houston:
H. B. 4450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion
by any person who has admitted to or who has been adjudicated to have committed medical
malpractice; prescribing a criminal penalty for violations of this section; and providing that nothing
in the section can be construed as approving the performance of an abortion"; to the Committee on
Health and Human Resources then the Judiciary.

H. B. 4451 - "A Bill to amend and reenact §46A-4-110a of the Code of West Virginia, 1931,
as amended, relating to regulated consumer lenders; and prohibiting the use of certain adverse information concerning a consumer as the basis for increasing interest rates"; to the Committee on
Banking and Insurance then the Judiciary.

H. B. 4452 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-3-10, relating to requiring utility bills to include a clear
description of each charge listed on the bill"; to the Committee on the Judiciary.By Delegates Stemple, Poling, Varner and Pethtel:
H. B. 4453 - "A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as
amended, relating to law-enforcement powers and duties of conservation officers; procuring and
executing arrest and search warrants on certain lands and waters"; to the Committee on Agriculture
and Natural Resources then the Judiciary.By Mr. Speaker, Mr. Kiss, and Delegates Morgan, Pethtel, Stemple, Trump, Amores,

Schadler, Hartman, Sobonya, Craig and Azinger:

H. B. 4454 - "A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as
amended, relating to wages withheld from an employee; clarifying that liquidated damages be
proportionately related to wages owed to an employee; and providing that liquidated damages will
equal three times actual damages prospectively"; to the Committee on the Judiciary.By Delegates Hunt, Rick Thompson, Stemple, Browning and Perdue:
H. B. 4455 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated article §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6
and §16-42-7, all relating to unsafe children's products; defining certain terms; prohibiting
remanufacturing, retrofitting, selling, contracting to sell or reselling, leasing, subletting or otherwise
placing in the stream of commerce, unsafe children's products; requiring the Bureau for Public
Health to create, maintain and update a comprehensive list of children's products considered to be
unsafe; listing presumptions about certain children's products; providing penalties for violations; and providing remedies"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Stemple, Poling, Varner and Pethtel:
H. B. 4456 - "A Bill to amend and reenact §20-2-20 of the Code of West Virginia, 1931, as
amended, relating to allowing a more efficient and effective means of trapping beaver for either
recreational purposes or nuisance wildlife control."; to the Committee on Agriculture and Natural
Resources then the Judiciary.

H. B. 4457 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-19; and to amend and reenact §52-1-8 of said code, all
relating to public health; promoting and facilitating the breastfeeding of infants; recognizing
employers who are mother/infant friendly; protecting the right; clarifying conduct; requiring rules;
and providing that breastfeeding mothers may be excused from jury duty"; to the Committee on
Health and Human Resources then the Judiciary.

Consent Calendar

Third Reading

H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal
hyperplasia; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 64), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Doyle, Ferrell, Schoen, Tabb and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2607) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bill and request concurrence therein.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:Com. Sub. for H. B. 4008, Relating to authorizing city and county housing authorities to
merge to form a regional housing authority,Com. Sub. for H. B. 4096, Relating to amount of an appeal bond,H. B. 4353, Requiring law enforcement officers have a valid complaint, signed by a
magistrate or municipal judge, with a showing of probable cause before reporting said offense to the
commissioner of the department of motor vehicles,H. B. 4391, Continuing the State Rail Authority,
And,H. B. 4392, Continuing of the West Virginia Conservation Agency.

First Reading

S. B. 370, Creating personal property tax exemption for farm equipment and livestock; on
first reading, coming up in regular order, was read a first time and ordered to second reading.

House Calendar

Third Reading

The following bills, coming up in regular order, were, on motion of Delegate Staton, laid
over one day:Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public
highways ,
And, Com. Sub. for H. B. 4022, Relating to medically ineffective cardiopulmonary resuscitation
for terminally ill patients. H. B. 4106, Relating to one-day licenses for the sale and serving of wine at non-profit
fundraising events; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 66), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Leggett and Susman.
Absent And Not Voting: Doyle, Ferrell, Schoen, Tabb and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4106) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Second Reading

Com. Sub. for H. B. 4296, Providing employer immunity from liability for disclosing
job-related information concerning an employee or former employee to a prospective employer; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.Com. Sub. for H. B. 4306, Creating a criminal offense for picketing or disrupting funerals
or memorial services; coming up in regular order, was, on motion of Delegate Staton, laid over one
day.H. B. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.

Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Doyle, Ferrell, Schoen, Tabb and Wysong.

Miscellaneous Business

Delegates Wysong, Doyle and Tabb announced that they were absent when the votes were
taken on Roll Nos. 64 and 66 and that had they been present, they would have voted "Yea" thereon.
Delegate Carmichael asked and obtained unanimous consent that the remarks of Delegates Armstead concerning table games legislation (H. B. 4314) be printed in the Appendix to the Journal.
At 12:02 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 8,
2006.